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Health plans and state tort liability
1American Association of Health Plans, Washington, DC, USA.
Managed Care Interface
|December 8, 1997
Summary
Texas expanded health plan liability in 1997. A recent lawsuit challenges this law, questioning if federal acts like ERISA preempt the state
Area of Science:
- Health law
- Tort liability
- Healthcare policy
Background:
- Texas enacted legislation in 1997 to expand state tort liability for health plans.
- This law allows legal action against health plans under specific circumstances.
Purpose of the Study:
- To discuss the key provisions of the Texas health plan liability law.
- To analyze a recent lawsuit challenging the statute's federal preemption.
Main Methods:
- Legal analysis of the Texas health plan liability statute.
- Examination of preemption claims under federal law, specifically ERISA and FEHBA.
Main Results:
- The article details the significant components of the Texas law.
- It addresses a lawsuit arguing federal laws preempt the state statute.
Conclusions:
- The legal landscape of health plan liability in Texas is complex.
- The outcome of preemption challenges impacts state authority over health plans.